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Handbook on the European Convention on Human Rights

Handbook on the European Convention on Human Rights
Author: Mark Eugen Villiger
Publisher: BRILL
Total Pages: 771
Release: 2022-12-05
Genre: Law
ISBN: 9004443835

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In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.


The Changing Nature of Customary International Law

The Changing Nature of Customary International Law
Author: Noora Arajärvi
Publisher: Routledge
Total Pages: 215
Release: 2014-04-24
Genre: Law
ISBN: 1134067275

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This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.


Admissibility of Evidence in EU Cross-Border Criminal Proceedings

Admissibility of Evidence in EU Cross-Border Criminal Proceedings
Author: Lorena Bachmaier Winter
Publisher: Bloomsbury Publishing
Total Pages: 217
Release: 2024-05-16
Genre: Law
ISBN: 1509972013

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This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.


Regional Approaches to the Protection of Asylum Seekers

Regional Approaches to the Protection of Asylum Seekers
Author: Ademola Abass
Publisher: Routledge
Total Pages: 408
Release: 2016-04-08
Genre: Political Science
ISBN: 1317069161

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This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.


The Evolving Protection of Prisoners’ Rights in Europe

The Evolving Protection of Prisoners’ Rights in Europe
Author: Gaëtan Cliquennois
Publisher: Taylor & Francis
Total Pages: 232
Release: 2022-12-30
Genre: Law
ISBN: 1000824179

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The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.


Blasphemy and Freedom of Expression

Blasphemy and Freedom of Expression
Author: Jeroen Temperman
Publisher: Cambridge University Press
Total Pages: 771
Release: 2017-11-16
Genre: Law
ISBN: 1108416918

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This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.


Women, Business and the Law 2020

Women, Business and the Law 2020
Author: World Bank Group
Publisher: World Bank Publications
Total Pages: 215
Release: 2020-04-24
Genre: Law
ISBN: 146481533X

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The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.


International Organizations and the Fight for Accountability

International Organizations and the Fight for Accountability
Author: Carla Ferstman
Publisher: Oxford University Press
Total Pages: 241
Release: 2017
Genre: Business & Economics
ISBN: 0198808445

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This book analyzes the challenges citizens face obtaining remedies and reparation for harm suffered as a result of the actions of international organizations. It encourages reflection on additional measures to strengthen accountability.


Jurisdictional Exceptionalisms

Jurisdictional Exceptionalisms
Author: Anver M. Emon
Publisher: Cambridge University Press
Total Pages: 405
Release: 2021-08-12
Genre: Law
ISBN: 1108837255

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Examines a complex global legal problem to demonstrate a compelling method for comparative legal, cultural, and social understanding.